Arbitration

Understanding the Two-View Rule: Protecting Arbitration Awards from Judicial Rewrite. Background In Reliance Infrastructure Ltd. v. State of Goa, (2024) 1 SCC 479, the Supreme Court was called upon to decide whether a High Court, exercising appellate jurisdiction under Section 37 of the Arbitration and Conciliation Act, 1996, could reverse findings of an arbitral tribunal merely because it preferred a different reading of the contractual terms. The dispute arose from a Power

Supreme Court Ruling: Arbitration Clause Excludes MSME Suppliers in Case Between Gujarat State Civil Supplies Corporation Ltd. and Mahakali Foods Pvt. Ltd. Commercial contracts between large buyers and their smaller vendors routinely contain carefully drafted arbitration clauses. For years, buyers relied on these clauses to channel any payment dispute to a forum of their choosing, often to the exclusion of the statutory dispute resolution mechanism available under the Micro,

Supreme Court Decision: Post-Award Interest on Principal and Pre-Award Interest Affirmed in UHL Power Company Ltd. v. State of Himachal Pradesh One of the more persistent debates in Indian arbitration law has been whether an arbitral tribunal can lawfully award interest on interest, and whether post-award interest must attach only to the principal sum or to the entire amount directed to be paid. The Supreme Court of India put this debate to rest in UHL Power Company Ltd. v. S

Supreme Court Denies Arbitration in NTPC Ltd. vs. SPML Infra Ltd.: Case of Reaping Benefits and Alleging Coercion. When can a court refuse to refer parties to arbitration on the ground that there is no live dispute? The answer, in most cases, is: rarely. The law strongly favours referral. But a recent decision of the Supreme Court of India in NTPC Ltd. v. SPML Infra Ltd., decided on April 10, 2023, demonstrates that there are situations where a referral court must exercise th

Supreme Court Decision: Heirs of Deceased Arbitration Parties Must Adhere to Arbitration Act, Cannot Directly Approach High Courts in Case of John v. S. Mukanchand Bothra and HUF. The interface between constitutional remedies and statutory arbitration mechanisms has long been a subject of intense judicial scrutiny in Indian jurisprudence. The Supreme Court of India, in its recent pronouncement dated April 20, 2026, has once again reaffirmed the self-contained and exhaustive n

Exploring the 'Endless Reminders Trap': How Settlement Discussions Fail to Revive Time-Barred Arbitration Claims. B and T AG v. Ministry of Defence | Supreme Court of India | Arbitration Petition No. 13 of 2023 | Decided on 18.05.2023 In a significant ruling on limitation law in arbitration, the Supreme Court of India dismissed a petition for appointment of an arbitrator filed by B and T AG, a Swiss arms manufacturer, against the Ministry of Defence. The Court held that the

Exploring the Supreme Court's Strict Deadline for Challenging Arbitral Awards: "One Day Late, One Case Lost" - A Critical Analysis by adrEdge. Time limits in arbitration law are not mere procedural formalities. The legislature has drawn them tightly, and the Supreme Court of India has consistently refused to permit litigants to stretch them through creative use of the general law of limitation. The decision in State of West Bengal v. Rajpath Contractors and Engineers Ltd., d

Supreme Court Ruling on Arbitration: Arbitrators Can Grant Post-Award Interest on Principal Alone in Morgan Securities v. Videocon Industries. A question that has long troubled arbitration practitioners in India concerns the scope of an arbitrator's discretion when awarding post-award interest. Must the arbitrator always apply the statutory rate of eighteen percent on the entire awarded sum, including pre-award interest? Or does the arbitrator retain the freedom to tailor the

"Exploring the Implications of the Section 9 Bar: Understanding Civil Court Limitations Post-Tribunal Constitution with adrEdge." ArcelorMittal Nippon Steel India Ltd. v. Essar Bulk Terminal Ltd. | Supreme Court of India | Civil Appeal No. 5700 of 2021 | Decided: 14.09.2021 The moment an arbitral tribunal is constituted, a civil court's power to entertain a fresh application for interim relief is not merely curtailed. It is effectively suspended, unless the applicant can dem

Supreme Court's Constitution Bench Resolves Group of Companies Doctrine, Addressing Non-Signatory Binding Issues. Cox and Kings Ltd. v. SAP India Pvt. Ltd. and Ors. | Supreme Court of India (Constitution Bench) | Arbitration Petition (Civil) No. 38 of 2020 | Decided: 06.12.2023 Can a company that never signed an arbitration agreement be pulled into arbitration proceedings? And can a parent company be bound by an agreement signed only by its subsidiary? A five-judge Constitut

Supreme Court Decision Clarifies Arbitrator Appointment Deadlines Under Section 11. M/s. Arif Azim Co. Ltd. v. M/s. Aptech Ltd. | Supreme Court of India | Section 11(6), Arbitration and Conciliation Act, 1996 How long does a party have to knock on the court's door when the other side refuses to appoint an arbitrator? The Supreme Court has now answered this with clarity: three years, and not a day more. In a significant ruling that tidies up one of arbitration law's long-stan

Understanding the Critical Role of the Arbitration Seat in Preventing Forum-Shopping: Ensuring Jurisdictional Stability. BBR (India) Private Limited v. S.P. Singla Constructions Private Limited, Civil Appeal Nos. 4130-4131 of 2022, decided on 18 May 2022 Picture this. An NBFC headquartered in Mumbai disburses a digital loan to a borrower in Kerala. The borrower defaults. Arbitration is invoked. The entire proceeding, hearings, cross-examination, arguments, happens over video

Supreme Court Deliberates on Forged Arbitration Agreements in Rajia Begum v. Barnali Mukherjee Case. INTRODUCTION In March 2026, the Supreme Court of India drew a line that every arbitration practitioner must understand. In Rajia Begum v. Barnali Mukherjee & Ors. (2026 INSC 106), The Court ruled that when a party alleges the arbitration agreement itself is forged, not merely that a fraud occurred within the underlying contract that no arbitrator can be appointed and no refer

The Supreme Court clarifies the precise commencement of arbitration proceedings, providing much-needed guidance. INTRODUCTION There is a deceptively simple question at the heart of many arbitration disputes in India: when, exactly, does the arbitration begin? It sounds straightforward. But for banks, NBFCs, and corporate litigants holding a pre-arbitration court order under Section 9 of the Arbitration and Conciliation Act, 1996, getting this date wrong can cost them everythi

Supreme Court Decision Highlights Limits on Arbitrators: Section 28(3) Clarified in IRCTC v. Brandavan Food Products Case. Introduction In Indian Railways Catering & Tourism Corporation Ltd. v. M/s Brandavan Food Products & Ors. (2025 INSC 1294), the Supreme Court of India delivered a significant ruling reinforcing the sanctity of contractual terms and the boundaries of arbitral interpretation under the Arbitration and Conciliation Act, 1996 . The decision, authored by Jus

Legal Insight: A clear intention is essential for forming an arbitration agreement, as highlighted by adrEdge, emphasizing that merely using the term 'arbitration' isn't sufficient. Introduction Arbitration, as a mechanism of alternate dispute resolution, derives its strength solely from the consent and intention of the contracting parties. The recent Supreme Court judgment in M/s Alchemist Hospitals Ltd. v. M/s ICT Health Technology Services India Pvt. Ltd. (decided on 6